Need advice on a builder please, sorry its a long one!!!

[sweetpud]

I posted a problem on here yesterday with regards to having long delays in getting some work done on our house, but unfortunately all this has changed somewhat after speaking to our builder. If anyone has had something simillar happen or can offer advice then I would be most grateful.

Back in the begining of March we had a builder quote us for a medium sized extension on the back of our kitchen and dining room at a cost of 15,000. We put up with the usual promises to call us, which he always did a week or so later than planned, till at last we finally we agreed a price on paper and paid a deposit of 3,000, with views to start work a week later.

A week went by and when he did finally get in touch with us he told us that they were slightly delayed on another job due to all the rain and to call on the following sunday when he could let us know a defo start date.
The day before I was due to call him, I decided the small extension was not really what I wanted and that maybe we could even move to a bigger house( something I have always fancied doing), but then my husband said that maybe we could invest our money better instead and plan for a much larger build on the house, giving us a conservatory, a big
kitchen and a big bedroom built on top of our garage.

On the sunday morning I called the builder, who said he could start the job a week on monday, but I then apologised but said we had had a change of heart, and that my husband would call him later when we had had a chance to talk everything through. As you can imagine the builder wasn't happy as he said he had no work for three weeks now, and though we could fully understand that, I didn't really believe him, and also he still had our deposit and had never mentioned it.

We decided to go with the big build and my husband called the builder who intially wasn't that happy as there would be a delay workwise for him because we would have to get an architect and submit plans etc. He then said it was fine as he could build our conservatory instead whilst we made plans for the big build, so he would not be out of work, everyone seemed happy.

He came to see us and we discussed everthing and we looked at pictures of the type of conservatory I wanted, he also had an architect friend with him who measured up, then told us he would draw them up and get in touch soon.
During the following weeks we still had no word from the builder, or the architect, so I assumed that the builder must have taken another job on though he wouldn't admit that because of the deposit paid weeks earlier, and had probably told the architect to delay also.

it was almost 5 weeks when he they both came to see me with the plans, then we were told a rough price of around 27,000, without the decor etc. My builder then seemed hesitant about the conservatory, saying it was best to wait and have all work done at same time, and to just keep the old lean-to for now, as we needed it for storage, I remember thinking but thats another 8 weeks or more, and then its pinning him down to a start date after that.

It totally delays all my other plans, as I need some new flooring and our garden desperately needs sorting, its been over 5 months now, and we have nothing to show.
I finally managed to talk to the builder yesterday as we needed the full price for work as the architect now also wanted his payment (700) in order to submit plans.
The builder gave me a larger price than mentioned previously but also told me that we didn't really need a conservatory, that people make mistakes by choosing one and that he didn't build them much these days anyway!!!

My husband is waiting for the builder to call him back, but god knows when that will be, but I think I would rather wait till next spring now as I don't want major building work going on through the winter months.
Plus I'm thinking of getting someone else to just build my conservatory, and get some of my other smaller plans underway.

Does anyone have an idea if we can get our deposit back, its such a large amount, and this money has never been mentioned since it was paid. I know its my fault that the plans were changed, even though it wasn't quite at the last minute, but we didn't put the builder out of work as he was supposed to build the conservatory instead whilst arranging plans for the much bigger project to go ahead, plus no building materials have ever been purchased. We have never been pushy with the builder or mentioned his false promises to call etc, we have been patient the whole way through, it doesn't feel fair.

So sorry to go on, my poor head is cabbaged!!!

oh blimey !what a nightmare ! it almost seems as though he's thinking the deposit is non refundable for a job that was cancelled and not transfereable to the new and much bigger job. I would ask him if he's transferred this amount as a deposit for you new job and if he says no - then tell him you are looking for a new builder ! what does it say on all your paperwork ?! has he given you written notice of how to cancel ? as all people selling a service in your home need to do that ? it's the law !!!

I'm not sure if it is usual or not to pay a builder a deposit? Our extension is neatly finished now and we didn't have to pay one, even though we had to wait 7 months for our builder

why on earth does a builder need a deposit?! Big red flag to me. I pay mine at various milestones, as agreed by the architect who performs the valuation. On smaller builds (ie bathroom job, or new stairs) i have paid for materials on production of a receipt and then at various stage-gates. I would write-off the 3k and find a different builder. Also when you sign a contract with him (MAKE SURE YOU DO!!!) ensure you insert pentalty payments for late completion. Otherwise you'll be back on here in a yr with similar issues.

good luck, i really think you may have a lucky escape from a dodgy man here.

coraltoes - 'paid for materials on production of a receipt' - really? I have yet to see a 'receipt' , including amount paid, for materials purchased by a builder - they always seem to have a goods docket that doesn't state the price, and I assumed that was because they get their trade discount and the merchant doesn't want the general public knowing how cheaply the building trade can procure stuff - builders' quotes I've had just give a figure for 'materials' without a detailed breakdown..
Do you have to stamp your foot and insist on seeing what they've paid?

Paying a deposit to a builder is normal.

The builder is blocking out weeks in their diary and if you cancel on the day they are due to start they will have no work and might not be able to fill in by resheduling their other work.
They have also done hours (perhaps days) of preparation work before starting on the job - sourcing material, arranging labour, dealing with plans. They may have paid up front for some materials used on the job (which is they way to get best prices).

Now the bad news - from a legal point of view a deposit is NOT refundable by definition unless you have something different written in the contract. So you are not automatically entitled to a refund if you cancel.

I would expect to transfer it to the next job if you are continuing with the same builder.

You need to get things clear and in writing.

There is, however, a get out for you if the agreement to do the work was made within your home. You can cancel at anytime and have a refund if he did not gibe you the correct 7 day cooling off notice (before mid June) or 14 days cooling off since then. If he wrote a quote, sent it by post and then you called him to say you want to go ahead then the 7 or 14 days cooling off paper work does not apply.